F v G (private law final hearing), Re
The children should reside with their father as their welfare requires it; the mother has not demonstrated sufficient change in her parenting to ensure their safety and well-being. Contact with the mother should move to unsupervised, limited sessions with safeguards, as proposed by the father, as this balances the children's need for a relationship with their mother and their need for safety. The father is permitted to change C's school as it is in C's best interests given the evidence of his current difficulties and the benefits of the proposed change.
- Parties
- Applicant Mother: Ms F; Respondent Father: Mr G
- Jurisdiction
- England and Wales
- Judgment Date
- 18 April 2023
- Procedural Posture
- Children Act Private Law Proceedings / Final Judgment
- Outcome
- Application by mother refused; cross-application by father granted.
- Legal Topics
- Child Residence, Contact Arrangements, Change of School, Welfare of the Child, Parental Responsibility
Case Brief
Summary, issues, holding and outcome
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Parties
Ms F
Applicant Mother
Mr G
Respondent Father
Procedural Posture
Children Act Private Law Proceedings / Final Judgment
Legal Issues
- 1 Whether the children should reside with their mother or father
- 2 Whether contact with the mother should be supervised or unsupervised
- 3 Whether the father should be permitted to change C's school
Ratio Decidendi
The children should reside with their father as their welfare requires it; the mother has not demonstrated sufficient change in her parenting to ensure their safety and well-being. Contact with the mother should move to unsupervised, limited sessions with safeguards, as proposed by the father, as this balances the children's need for a relationship with their mother and their need for safety. The father is permitted to change C's school as it is in C's best interests given the evidence of his current difficulties and the benefits of the proposed change.
Court Disposition
Application by mother refused; cross-application by father granted.
Orders
- Children to reside with their father and his partner.
- Contact with mother to move to unsupervised sessions as proposed by the father, with conditions and possible supervised sessions during holidays.
Full Case Text
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